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(영문) 인천지방법원부천지원 2016.12.16 2016가단22051
대여금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 33,910,958 as well as KRW 30,00,000 among them, from August 13, 2016 to the day of full payment.

Reasons

On December 15, 2014, the Plaintiff leased KRW 30,000,00 to the Defendant on June 15, 2015, under an agreement with the Defendant as the monthly interest of KRW 1,000,000,000, and the repayment date on June 15, 2015. The fact that the Plaintiff received KRW 7,00,000 from the Defendant is no dispute between the parties.

From December 15, 2014 to May 29, 2016, the Plaintiff asserts that KRW 6,093,151 remains unpaid, deducting KRW 7,00,000 paid by the Defendant, among KRW 13,093,151 calculated by applying the interest rate of KRW 30,00 from December 15, 2014, and KRW 30,000 from May 29, 201, and that the remainder of KRW 6,093,151 paid by the Defendant is unpaid. The Plaintiff claimed damages for delay for the amount of KRW 30,00,000 as well as for the principal.

However, according to Article 2(1) of the Interest Limitation Act, Article 2(1) of the Regulations on the Maximum Interest Rate under Article 2(1) of the Interest Limitation Act, and Article 25376 of the Addenda, the highest interest rate under the loan contract from July 15, 2014 is 25%, and when applying this, the interest accrued from December 15, 2014, until May 29, 2016, as the Plaintiff seeks from December 15, 2016, shall be 10,910,958 won (=30,000,000 x 25% x 25% x 531 days x 365 days). Thus, the interest unpaid by the Defendant is 3,910,958 won (=10,910,958 won - 7,000,00 won).

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as claimed by the Plaintiff, as agreed within the agreed rate from August 13, 2016 to the day of complete payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant, to the day of complete payment, with respect to the Plaintiff’s accrued interest and principal amount of KRW 33,910,958 and KRW 30,000 among them.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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